the “distress” of foreigners targeted by an OQTF, an obligation to leave France

During his general policy statement, Prime Minister François Bayrou denounced on Tuesday the low rate of execution of OQTFs, the obligations to leave French territory. Work, studies, relationships… Foreign people targeted by this administrative procedure testify to the consequences on their personal lives.

The letter, sent by the Paris police headquarters, announces to Pierre* that his application for a residence permit is “rejected“and that it is accordingly”forced to leave French territory“. Like thousands of foreign people living in the Paris region each year, this 43-year-old Georgian, who left his country due to homophobic discrimination, is now the subject of an OQTF. If he doesn't leave in a “a period of 30 days to return to the country of his nationality or any country to which he is legally admissible“, “this removal decision will be implemented“, warns the letter.

Enough to dive into the “distress“his French partner, David*, with whom he has been in a civil partnership for almost two years. The couple lives in Paris.”He arrived in France in 2019 with a tourist visa and he did not leave, says his partner. He then applied for asylum, which was rejected a few months later. Since then, he has been in an irregular situation. We met in 2021, it was love at first sight.“

It's a total blur… We are left to our own devices

David, in civil partnership with Pierre, a Georgian targeted by an OQTF

“Last year, a year after our PACS, as soon as we could, he applied for a residence permit, he continues. We waited for the response until receiving this letter last week. And the letter is dated December, so we don't even know when the 30 day period starts. It's a total blur, I don't know where to turn, we're left to our own devices. We contacted all our loved ones to gather as many testimonies as possible, to prove that we are really a couple and that it is not a matter of papers.“

“I believe that the State should not decide about our love life, denounces David. In Georgia, if the family finds out you're gay, it's over for you. In France, Pierre is an honest citizen. He is a building painter, he wants to contribute to the wealth of our country. And I'm disabled, I can't live alone. It's horrible. We planned to start our business together.“

Marcela* has been living in France since 2022.I arrived with an au pair visa, traces this 24-year-old Brazilian woman, who lives in Hauts-de-Seine. The validity of this visa, which was renewed in 2023, ended last summer. I wanted to start a study project, but my registration for a master's degree was refused due to a level of French considered insufficient. Before my au pair visa expired, I therefore applied for a student visa, with registration for new French courses.“

“I sent all the requested papers, she continues. I got no response for five months. After a while, I contacted a lawyer who advised me to send a letter to the prefecture to clarify the situation. A few days later, I received a registered letter, with an OQTF. It's a humiliation. Even by providing all the documents, and while I work and contribute to the country, making all the efforts requested, it is a refusal.“

There is a great feeling of insecurity, anxiety and incomprehension

Marcela, a Brazilian targeted by an OQTF

“I find myself unable to follow my plans, it's so sad, describes Marcela. Worse: in addition to the OQTF, I received a ban on returning to French territory (IRTF). If I leave, I can't come back. I feel like I'm being treated like a terrorist, it's shocking. I appealed to the administrative court against this return ban and to request my student residence permit. I'm still waiting for a response, it's a long time.“

“It's an extremely sensitive situation, every day I check my mailbox, she laments. I don't know what's going to happen. There is a great feeling of insecurity, anxiety and incomprehension: I have friends in the same situation, but who live in Paris and Versailles for example, they got the student visa easily. In Nanterre, it is applied differently. But I remain positive, justice will make the right decision.“

Mélanie Louis, national manager of questions relating to expulsion from the territory at Cimade, underlines that in the Paris region, “the delivery of OQTF is particularly high“. She cites a report from the Court of Auditors published at the beginning of 2024, which counts from 2019 to 2022 more than 50,000 OQTFs in Île-de-France, or 38% of the measures delivered in France over this period. “At the national level, we have an average of 120,000 OQTFs per year“, she notes.

“The OQTF is an administrative measure which aims to expel a person from French territory, and it is the flagship expulsion measure in France, explains the head of the migrant support association. The decision may be notified following a refusal to obtain or renew a residence permit, or its withdrawal. This also concerns people whose right to asylum has been rejected, and people in an irregular situation who do not present the documents requested during an identity check. There is also the case of foreigners in prison, and finally the case of citizens of the European Union under certain circumstances.“

Discourses stigmatize foreigners, with a deliberately maintained conflation between immigration and delinquency

Mélanie Louis, national manager of issues relating to expulsion from the territory at Cimade

La Cimade calls for “a reception policy“. Mélanie Louis denounces “an expulsion machine at all costs” : “Political and media discourses stigmatize foreign people, presented as outside the law and undesirable, with a deliberately maintained conflation between immigration and delinquency. This allows us to justify the systematization of OQTFs. Our European neighbors take this type of measure much less, less than a quarter compared to France.“

And added: “However, France also has a low OQTF execution rate, less than 10%. Forced returns, detention systems, restrictions on freedom… This figure in turn justifies multiple reforms, with results far from the expected objectives, but which strongly impact the fundamental rights of people in an irregular situation, notably with a systematization of prohibitions return. It is also a factory for undocumented immigrants, which blocks regularization procedures and ostracizes these people from society.“

Mélanie Louis also points out a “monitoring policy“, while the recent immigration law passed by Gérald Darmanin extended from 1 to 3 years”the enforceable duration“OQTFs – “a period during which the person may be placed in detention or house arrest with a view to forced expulsion“. Lack of protection of “people coming from countries at war or at risk of inhuman or degrading treatment“, “failure to examine personal situations“, “alleged threat to public order, not characterized“…The association also denounces the practices of the prefectures and the deadlines for appeal”too short“.

Contacted, the Hauts-de-Seine prefecture did not respond to our questions at this stage. For its part, the Paris police headquarters refers to the General Directorate of Foreigners in France (DGEF), a department of the Ministry of the Interior, which did not respond to our requests.

*First names have been changed.